How Long Does a Brain Injury Case Take? Staff Profile Picture
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In general, cases involving brain injuries can take anywhere from 18 months to 3 years to settle, and in the most extreme cases, longer. This is because TBIs can develop and deteriorate over time. The plaintiff is responsible for providing evidence of the type of injuries they sustained. Negotiating and navigating a traumatic brain injury (TBI) can be complex because these injuries can often go undetected or neglected, and lawsuits involving TBI's can take longer than other types of personal injury cases. In 2019, approximately 61,000 Americans were impacted by head injuries or concussions, impeding their ability to function, work, or enjoy day-to-day life. If you or a loved one has suffered from a TBI due to a personal injury, you should seek the advice of an attorney to ensure that you or a loved one receives just compensation. 

Hiring a Brain Injury Lawyer

Part of the complexity of TBI cases is that they often require intense mental and physical recovery, and the burden of proof is on the plaintiff to prove how they are impacted. Hiring a brain-related injury lawyer could ensure you or a loved one receive adequate compensation for monetary losses and suffering from a TBI. The following steps will help you with your case and find an attorney who assists clients with TBIs.

1.  Obtain Medical Documentation

First and foremost, you should receive medical treatment for any injuries obtained and maintained from the traumatic event. Acquiring the proper medical treatment is also crucial to ensuring that all of your injuries are adequately documented so that your attorney knows the details and impact of your case and is necessary for receiving compensation. It can take up to 30 days (60 with an extension) to fulfill your request from your medical services provider. Doctors may classify traumatic brain injury as mild, moderate, or severe, depending on whether the injury causes unconsciousness, how prolonged unconsciousness lasts, and the severity of the individual's symptoms.

2. Identify Your Needs

TBI-related cases have no time to wait for insurance companies to dole out compensation. Turning to an experienced attorney can help quicken the process. There are many qualified personal injury attorneys out there. However, not all of them have the expertise or experience to represent you in your or your loved ones' traumatic brain injury lawsuit. In order to find a qualified attorney, you must find one who is knowledgeable about TBI cases. Many attorneys offer consultations before hiring to discuss the needs and objectives of the client. That's why you need an attorney who will use all means necessary to demand a settlement amount best in line with your injuries. Based on advice from your doctor, your attorney will know what financial reward is considered fair and equitable. 

3. Understand Your Attorney’s Contingency Fee

A contingency fee is an arrangement where the payment is only paid if there is a favorable result. Most TBI and personal injury lawyers charge a contingency fee that the client never pays out of pocket. All consultations are free of charge, and any legal fees are paid out of the amount of your settlement. This also means that if you do not win your case, you do not pay. In general, contingency fee averages are 33% of earnings. Still, the higher the complexity and risk, they can increase to 40% in some cases.

4. Work With Your Attorney on Filing Your Lawsuit

Talking with a lawyer with experience in TBI cases can give you and your family members peace of mind as they navigate the reality and, in extreme cases, the finality of the victim's injuries. You or your loved one should disclose all the details of the accident, injuries, and impact of your sustained TBI. 

What’s the Difference Between a Brain Injury Lawyer and a Personal Injury Attorney?

You may have wondered whether you or a loved one should hire a personal injury or TBI lawyer. The answer usually depends on the individual's needs. A personal injury lawyer can represent clients with any injury caused by someone's negligence, including that resulting in a TBI. 

On the other hand, a TBI attorney specializes in traumatic brain injuries and can have a deeper understanding of the medical and legal complexities of TBI's. Choosing the guidance of a TBI attorney may be the best course of action if you or someone you care about has a problematic TBI case or needs assistance navigating the legal system.


An injured person must carry the legal burden of proof in their brain injury case. They must demonstrate that their injuries occurred directly because of someone else's maltreatment (negligent, reckless, careless, or intentional). Let's assume the injured party can prove another person's fault. To demonstrate the life-changing impact of their TBI injury, they will need extensive medical treatment and documentation to illustrate the extent of their damage. 

When Will My First Hearing Be?

If the TBI occurred because of negligence of another party, the victim has three years from the date of the injury to which they can file a claim. However, attorneys recognize that TBIs are often progressive, and understanding their nature takes time. To reach a fair and timely settlement, all parties must remain patient and prepared.

Depending on the circumstances, reaching an understanding or compromise allows parties involved in the dispute to avoid costly litigation and access meaningful recovery from the injury, but it is a lengthy process. Hiring an attorney will save you a lot of time because your attorney will understand the confusing rules, regulations, and qualifications and ensure you know the timeline.

 Why Do Brain Injury Lawsuits Take So Long To Resolve?

The reality is that various factors can affect the length of your TBI-related lawsuit, and, unfortunately, these lawsuits generally settle faster if the client is willing to receive less compensation. Still, it would be best to consider how much compensation you are giving up to reach a settlement compared to the total and emotional cost of your or a loved one's TBI-related injuries. Most personal injury lawsuits settle before a trial regardless of how long they take. The following factors may affect the length of your case and are best reviewed under the guidance of a personal injury attorney or TBI attorney:

1. Understanding the Scope of Injury Impact

Often, TBI cases take longer to settle because it takes time to understand the full effects of a brain injury. Though some brain injuries can improve over time, they often worsen in the days and weeks following the accident. While it is crucial to seek immediate compensation and treatment, you may be dealing with more costs and mental and intellectual trauma further down the line. 

2. Unable To Identify Who Is at Fault

Due to the progressive nature of TBI injuries, determining who is liable for a TBI can be challenging. Some accidents are more straightforward to prove than others (like injuries sustained due to a car wreck). In contrast, other complex cases often lead to more debate about who is at fault. Consulting with a TBI attorney can help take the pressure off deciphering this information and ensure that the responsible party is held accountable and you receive adequate compensation. 

3. Negotiating With Insurance Companies for a Settlement

Before determining whether or not the injured party wants to pursue legal action for higher compensation, they need to understand what the other party or insurance provider is offering. However, most insurance companies are in no rush to complete settlement claims for personal and TBI injury, and victims are often forced to settle for less for the time it takes to negotiate the settlement terms. This is why seeking counsel is crucial to receiving just compensation to ensure that all individual rights are protected and just compensation is given. 

How To Find the Best Brain Injury Lawyer

In order to find the right lawyer for your personal injury and traumatic brain injury case, it is important to conduct a thorough search. At, we are here to make the experience of seeking out legal help simple and effective. Please click here to review our fall lawyer directory

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